Council powerless to control gravel pit

Council powerless to control gravel pit

The phrase you can't fight city hall may need to be updated. You can if you're an Ontario gravel company.

Monday night, Cambridge council backed away from a fight at the Ontario Municipal Board (OMB) with Tullis Estates. The city opted to take no further action to fight an extension of the Butler Gravel Pit - adjacent to the city's western border in the environmentally-sensitive Gilholm wetland complex.

"The die was cast when North Dumfries (Township) made its decision," said Coun. Ben Tucci, referring to the township's decision several weeks ago not to challenge Tullis Estates rezoning application at the OMB. The township did not have the money to fight it and a slim chance of winning.

Tucci also took umbrage to the tactics used by the gravel pit company in achieving its goals and referred to a letter sent to city residents objecting to the rezoning of lands. In the letter, the company threatened to charge residents the cost of litigation if they didn't withdraw their objections. Tucci was further peeved that the company was not ready to agree to conditions demanded by the city.

Tucci urged council to arrange a meeting between city staff and Tullis to meet conditions set out by the city to protect residents living in the Kent Street neighbourhood.

Planning commissioner Janet Babcock informed council that as a result of last week's meeting, staff had already met with the company

to discuss the five outstanding issues concerning noise, dust and hours of operations. The outcome of the meeting was wrapped up in a city report (see sidebar below) with little achieved.

"We've been in communication with the company for the past six months," she said. "We could try to meet again but that would probably go no further," she said.

Babcock also informed council that if the city did object to the gravel pit, Ministry of Natural Resources would refer the matter to the OMB. The OMB, in turn, could offer the city little hope because the Ontario Aggregates Act trumps the planning act.

Councillors Pam Wolf and Tucci opposed the motion that the city take no further action.

"I can't support this," Wolf said.

"We need to take issue with the Ministry of Natural Resources. We need to take action. We need to write to the MNR about the whole process and let them know how this will affect residents and the whole community. A line needs to be drawn in the sand. We need to object long and hard."

Cambridge resident Fatima Pereira urged council not to take the matter to the OMB.

"The funds used for this could be better put to some other use," she said.

Pereira said that if council opted to continue the fight, it could be interpreted as giving preferential treatment to one part of the community, as the city did not object a number of years ago to the operations at Preston Sand and Gravel Co. Ltd.

She also likened the city's chances of success in fighting the matter "like an amoeba trying to move a mountain".

Several members of council said the city is caught between a rock and a hard place, but supported the motion.

A frustrated Coun. Rick Cowsill said the city's hands are tied.

"The residents are saying we need your help and we can't give it," he said. "I feel horrible about this, but I will support it."